§422.  Regulation of industry; residence of persons engaging in; employment of labor and vessels

A.  Any bona fide resident of this state, any firm or association composed of citizens or residents of this state, or any corporation domiciled in or organized under the laws of this state, having a factory or shucking plant or places of business located within this state, may catch and take, can, pack, shuck, or deal in or transport oysters from the waters of this state, and may lease bedding grounds for the cultivation and propagation of oysters for any of those purposes within any waters within the territorial jurisdiction of the state, upon the terms and conditions and subject to the restrictions and regulations herein set forth, or under the authority which may be imposed by the commission.

B.  Except as otherwise provided in this Subpart no person not a resident of or domiciled in this state shall catch, take, can, pack, shuck, or deal in, within this state, any oysters taken from the waters of this state, or lease any bedding grounds for the cultivation and propagation of oysters for any of the above purposes.

C.  Any person properly licensed to operate in the oyster industry in this state may employ such labor, resident or nonresident, as required, and may employ such vessels and their crews, resident or nonresident, as required, upon the vessels being properly licensed.  This right to employ nonresident labor or nonresident vessels is confined to the operation of any licensees as carried on within the state.

D.  Whoever violates any of the provisions of this Section has committed a Class Two violation and shall be punished as provided for in Part II.

E.  The commission may promulgate rules and regulations, including emergency rules, under the provisions of the Administrative Procedure Act to provide for the operation of oyster cargo vessels.  The rules shall require that each person in charge of an oyster cargo vessel shall purchase an oyster cargo vessel permit.  The permit shall be issued at a cost of two hundred fifty dollars per year for residents and one thousand one hundred five dollars per year for nonresidents.  The rules and regulations also may include but shall not be limited to provisions to provide for the following:

(1)  Commercial oyster fishermen transferring oysters on the water to a cargo vessel.

(2)  Compliance with refrigeration requirements and record requirements.

(3)  Requiring the use of a vessel-monitoring system.

(4)  Allowing for adequate enforcement.

(5)  A violation of any rule or regulation adopted under the provisions of this Subsection shall be a Class Four violation.

(6)  Funds received from issuance of the oyster cargo vessel permits being used for enforcement of the oyster laws and rules and regulations.

(7)  All other provisions necessary for the implementation of this Subsection.

Acts 1981, No. 925, §1; Acts 2008, No. 321, §1, eff. June 17, 2008.